New Hampshire Revised Statutes 507-C:3 – Qualified Testimony
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In any action for medical injury:
I. No witness is competent to give the expert testimony required by N.H. Rev. Stat. § 507-C:2 unless the court finds that the witness was competent and duly qualified to render or supervise equivalent care to that which is alleged to have caused the medical injury at the time that such care was rendered.
II. No witness whose compensation for his services is in any way dependent on the outcome of the case shall be permitted to give the expert testimony required by N.H. Rev. Stat. § 507-C:2.
III. No medical care provider shall be required to give expert opinion testimony against himself or herself as to any of the matters set forth in N.H. Rev. Stat. § 507-C:2. However, this prohibition does not apply if the medical care provider has previously and voluntarily given such expert opinion testimony favorable to himself or herself at the trial.
I. No witness is competent to give the expert testimony required by N.H. Rev. Stat. § 507-C:2 unless the court finds that the witness was competent and duly qualified to render or supervise equivalent care to that which is alleged to have caused the medical injury at the time that such care was rendered.
Terms Used In New Hampshire Revised Statutes 507-C:3
- Action for medical injury: means any action against a medical care provider, whether based in tort, contract or otherwise, to recover damages on account of medical injury. See New Hampshire Revised Statutes 507-C:1
- Dependent: A person dependent for support upon another.
- injury: means any adverse, untoward or undesired consequences arising out of or sustained in the course of professional services rendered by a medical care provider, whether resulting from negligence, error or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services. See New Hampshire Revised Statutes 507-C:1
- Medical care provider: means a physician, physician's assistant, registered or licensed practical nurse, hospital, clinic or not-for-profit home health care agency licensed by the state or otherwise lawfully providing medical care or services, or an officer, employee or agent thereof acting in the course and scope of employment. See New Hampshire Revised Statutes 507-C:1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
II. No witness whose compensation for his services is in any way dependent on the outcome of the case shall be permitted to give the expert testimony required by N.H. Rev. Stat. § 507-C:2.
III. No medical care provider shall be required to give expert opinion testimony against himself or herself as to any of the matters set forth in N.H. Rev. Stat. § 507-C:2. However, this prohibition does not apply if the medical care provider has previously and voluntarily given such expert opinion testimony favorable to himself or herself at the trial.